Opinion
No. 324.
July 6, 1942.
Appeal from the District Court of the United States for the Eastern District of New York.
Libel by Tanker Hygrade No. 12, Inc., against the Moran Towing Transportation Company, Inc., and Cumco, Inc., and Morris Cumings Dredging Company, Inc. From a decree, 33 F. Supp. 149, holding the Tug Cumco solely at fault for a collision in the Swash Channel at night, the Cumco, Inc., and Morris Cumings Dredging Company, Inc., appeal.
Affirmed.
Charles W. Hagen, of New York City, (Hagen Eidenbach and Nelson J. Johnson, all of New York City, of counsel), for the appellants.
Leo F. Hanan and Macklin, Brown, Lenahan Speer, all of New York City, for Moran Towing Transportation Co., Inc.
Foley Martin, of New York City, for libelant-appellee.
Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.
This case presents nothing but questions of fact, and we cannot say that the findings are "clearly erroneous." On the contrary they seem to us much the more probable explanation of how the collision happened.
Decree affirmed.